Purchasing a house with allocated parking - can I remove it from the deeds

red_devils_88

Hi,

I've recently had an offer accepted on a freehold house.

The house that I've put an offer for was built in 2006 as well as my neighbours.

At the same time (2006), a block of flats behind the property was also constructed.

As part of the new build, my new property was allocated a parking slot which you gain access via the rear garden.

On land registry, the red markings clearly show the car parking space.

My question is if I don't want this parking space, can I some how remove it?

I have to pay an annual fee of £560 which I can't justify.

There's a lot of free parking outside and I may also be able to convert the driveway.

Thanks in advance.

Alter_ego

If you own the parking space what are you paying for? The red indicates it's your property - NOT allocated

Section62

red_devils_88 said:

The house that I've put an offer for was built in 2006 as well as my neighbours.

At the same time (2006), a block of flats behind the property was also constructed.

As part of the new build, my new property was allocated a parking slot which you gain access via the rear garden.

On land registry, the red markings clearly show the car parking space.

My question is if I don't want this parking space, can I some how remove it?

I have to pay an annual fee of £560 which I can't justify.

There's a lot of free parking outside and I may also be able to convert the driveway.

Setting other issues aside for a moment, it is quite possible the planning consent for the development required properties like yours to have an allocated parking space.

If there were a 'legal' way for you to renounce ownership/use of the space that may leave your property in breach of the planning consent.

The presence of "free parking" on-street(?) wouldn't/shouldn't change the obligation for a dedicated parking space to be provided for the property.

The best starting point would be finding out what the planning restrictions are.

red_devils_88

Alter_ego said:

If you own the parking space what are you paying for? The red indicates it's your property - NOT allocated

I'm told it's essentially a "service charge" as the majority of the spaces are for residents in the flats.

Ive asked my solicitor but he can't comment until he gets the paperwork from the sellers solicitors. 

red_devils_88

Section62 said:

red_devils_88 said:

The house that I've put an offer for was built in 2006 as well as my neighbours.

At the same time (2006), a block of flats behind the property was also constructed.

As part of the new build, my new property was allocated a parking slot which you gain access via the rear garden.

On land registry, the red markings clearly show the car parking space.

My question is if I don't want this parking space, can I some how remove it?

I have to pay an annual fee of £560 which I can't justify.

There's a lot of free parking outside and I may also be able to convert the driveway.

Setting other issues aside for a moment, it is quite possible the planning consent for the development required properties like yours to have an allocated parking space.

If there were a 'legal' way for you to renounce ownership/use of the space that may leave your property in breach of the planning consent.

The presence of "free parking" on-street(?) wouldn't/shouldn't change the obligation for a dedicated parking space to be provided for the property.

The best starting point would be finding out what the planning restrictions are.

Thank you. 

When you say planning restrictions, what is that in relation to? 

I've asked the council if I can convert my driveway as the kerb is already 'dropped'. It's kind of totally flat in line with the pavement as the house is the first one on the corner. A surveyor will let me know in 48 hrs. Regardless of the driveway decision, I don't want to be forced to pay for a parking space at the rear. 

red_devils_88

Just to add the space I've been 'allocated' as part of the property is a private car park which was built the same time my house and the block of flats were built. 

Brie

could you sell it to one of the other flats?  or rent it??

canaldumidi

As part of the Planning Permission for the developer to build your property, the council may have insisted that a parking space be included. This is common with New Builds so as to reduce congestion of parking on the highway. So removing your parking space would cause a breachof the original Planning Consent.

That assumes the Planning Consent does require a parking space - hence the advice above to check.

As others have said, it's unclear if you own the freehold to the space (it is included within your red boundary), or whether it is owned by someone else eg the developer, a mangement company, and allocated to you, in return for a maintenance fee.

Assuming you can get rid of it, you would need to find someone willing to buy it off you, or take it off your hands. Then you'd complete form TP1 to transfer part of your land from your title, and create a new title for that land in someone else's name. If you have a mortgage, you'd also need the lender'spermission.

getmore4less

red_devils_88 said:

Section62 said:

red_devils_88 said:

The house that I've put an offer for was built in 2006 as well as my neighbours.

At the same time (2006), a block of flats behind the property was also constructed.

As part of the new build, my new property was allocated a parking slot which you gain access via the rear garden.

On land registry, the red markings clearly show the car parking space.

My question is if I don't want this parking space, can I some how remove it?

I have to pay an annual fee of £560 which I can't justify.

There's a lot of free parking outside and I may also be able to convert the driveway.

Setting other issues aside for a moment, it is quite possible the planning consent for the development required properties like yours to have an allocated parking space.

If there were a 'legal' way for you to renounce ownership/use of the space that may leave your property in breach of the planning consent.

The presence of "free parking" on-street(?) wouldn't/shouldn't change the obligation for a dedicated parking space to be provided for the property.

The best starting point would be finding out what the planning restrictions are.

Thank you. 

When you say planning restrictions, what is that in relation to? 

I've asked the council if I can convert my driveway as the kerb is already 'dropped'. It's kind of totally flat in line with the pavement as the house is the first one on the corner. A surveyor will let me know in 48 hrs. Regardless of the driveway decision, I don't want to be forced to pay for a parking space at the rear. 

Good chance that is pedestrian dropped.

Or may be for other access.

We have dropped opposite our property to green space that was the estate carpark for show home sometimes those spaces become houses.

Go back and research the planning back to first application.

Owleyes00

Why don’t you investigate whether it’s possible to rent the parking space out? I’m sure there are plenty of people who would appreciate an extra parking space 

p00hsticks

If it's on a corner, I'm pretty sure that our council wouldn't allow a dropped kerb / driveway - yours may be different.

Don't forget that if you did give up the allocated parking space then you are almost certainly decreasing the value of the property when you come to sell of it - presumably you'd first have to split the title deed to separate the parking space from the main house, and then find a buyer for the parking space. As others have said, renting out the space to cover the admin charge is probably the simplest way round things.